Auto Insurance Claims: Can I file PIP and medical with OP insurance?, subrogable PIP

Question
I was rear ended at a red light in TX and suffered time off work, medical bills, and car damage. It was the OPs fault and they admitted, their insurance told me they would pay for my time off, my pain and suffering, my vehicle repairs, and medical, but would not pay until its all done? Can I file on my PIP for my med now and get the money from the other company later? If I do this do I have to reimburse my my company for paying on my PIP? Or Am I entitled to use my PIP and have the OPs company pay me for the medical bills? Confused! Want to make sure I do everything legal and correct! Thank you.

Answer
Lawrence,

  I am sorry for the delay, you caught me on a rare outing where I wasn't able to immediately answer your post.  Anyway. . .


Good news!  You can recover both your PIP or Medpay and payment from the other company.  This is the only situation where that is allowed!  In Texas PIP is only recoverable on an accident where the other party is uninsured.  This means that if they are insured, then you can get both pip and payment from their carrier as your carrier is not entitled to recover their pip payments from other carriers.  


JP